Indiana Divorce FAQS

You can request divorce records from the county clerk’s office where the divorce was finalized. Certified copies often require a written request, payment of a fee, and valid identification.

Yes. Divorce records are generally public, though certain details (like financial or child custody records) may be sealed by court order.

A certified divorce record carries the court’s official seal and can be used for legal purposes such as name changes or remarriage. An uncertified record is informational only.

Yes, because divorce records are public. However, access may be limited if portions of the record are sealed.

The Indiana Department of Health (Vital Records Division) holds statewide records, but certified copies are typically issued by the county clerk’s office where the divorce was granted.

Processing times vary by county. In-person requests may be same-day, while mailed or online requests can take 2–6 weeks.

Yes. Many counties allow online ordering through approved vendors. The Indiana Department of Health also partners with VitalChek for online requests.

You’ll usually need the full names of both spouses, date of divorce, and county of filing. Providing case numbers can speed up the process.

Most are public, but financial affidavits, child-related records, and certain sensitive documents may be sealed.

County courts maintain records dating back decades. The state Vital Records Office has records from 1958 onward.

Indiana allows both no-fault (irretrievable breakdown of the marriage) and limited fault-based grounds such as felony conviction, impotence, or incurable insanity lasting at least two years.

Yes. Most divorces proceed on the no-fault ground of irretrievable breakdown.

Indiana follows equitable distribution. Courts divide marital property fairly, though not always equally, based on factors like length of marriage, contributions, and earning ability.

Spousal misconduct rarely affects property division but may impact custody decisions if it affects a child’s well-being.

No. Couples may file directly for divorce, though legal separation is an option.

Spousal maintenance is limited and usually applies in cases of disability, caregiver responsibilities, or rehabilitative needs.

Yes, through a prenuptial or postnuptial agreement, or if both parties agree during the divorce settlement.

Valid prenuptial agreements are enforceable and can dictate property division, debt allocation, and spousal maintenance terms.

Not mandatory statewide, but courts often encourage or order mediation, especially in child custody disputes.

Yes. Most counties require parents with minor children to attend Parenting Education Programs.

Yes, if established or grown during the marriage, it’s subject to division.

Courts may require a business appraisal or forensic accountant to determine fair market value.

Yes, if the business was acquired or expanded during the marriage. Contributions as a homemaker may also be considered.

Options include prenuptial agreements, buy-sell agreements, or negotiated settlements.

Yes. Marital debts, including business loans, are divided along with assets.

Yes. A valid agreement may restrict ownership transfer and establish valuation methods.

Not always, but it’s common in high-value or complex businesses.

Yes, often with the other spouse receiving an offset in property or cash.

Growth is typically considered marital property, even if the business was started before marriage.

Yes. Courts consider all income sources when determining maintenance obligations.

Cases involving significant assets such as businesses, investments, retirement accounts, or property portfolios.

Courts may use QDROs (Qualified Domestic Relations Orders) and require expert valuations.

Yes, through forensic accounting and discovery procedures.

Out-of-state property is included in marital assets and divided by Indiana courts.

Yes. The burden falls on the spouse claiming separate property to show clear evidence.

Yes. Courts consider marital standard of living when awarding maintenance.

Absolutely. Asset division often triggers capital gains and tax implications, requiring careful planning.

Yes, courts may issue restraining orders to prevent asset dissipation.

Yes, in complex or high-asset cases, professionals are essential.

Items like art, jewelry, or vacation homes are subject to equitable distribution like other marital property.

Filing a Petition for Dissolution of Marriage with the county clerk.

Yes. One spouse must live in Indiana for 6 months and in the county for 3 months before filing.

The fastest is 60 days due to a mandatory waiting period, but contested divorces may take months or more than a year.

Typically, the Petition for Dissolution, Summons, and Financial Declaration forms.

No. One spouse can file, and the divorce proceeds even without the other’s agreement.

The responding spouse has 20-23 days to file an answer, depending on service method.

Yes, 60 days from the filing date before a divorce can be finalized.

Courts can issue orders for custody, child support, spousal maintenance, and property use while the divorce is pending.

Yes, if it’s uncontested and both spouses sign a settlement agreement, though some judges still require brief hearings.

If the responding spouse fails to answer, the court may grant the filing spouse’s requests by default judgment.